Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
AKH16 v Minister for Immigration and Border Protection [2018] FCA 372 Appeal from: Application for extension of time: AKH16 v Minister for Immigration and Anor [2016] FCCA 3492
File number: VID 1201 of 2017
Judge: BROMBERG J
Date of judgment: 1 March 2018
Catchwords: MIGRATION – application to extend time to file notice of appeal – whether a reasonable prospect of establishing that Tribunal misunderstood or misapplied definition of "refugee" – application granted
Legislation: Migration Act 1958 (Cth) s 65
Cases cited: AKH16 v Minister for Immigration and Anor [2016] FCCA 3492 MZABP v Minister for Immigration and Border Protection (2015) 242 FCR 585
Date of hearing: 1 March 2018
Registry: Victoria
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 14
Counsel for the Applicant: Mr N Wood
Solicitor for the Applicant: Esser Legal
Counsel for the First Respondent: Mr C Tran
Solicitor for the First Respondent: DLA Piper Australia
Counsel for the Second Respondent: The Second Respondent filed a submitting notice, save as to costs
ORDERS VID 1201 of 2017
BETWEEN: AKH17 Applicant
AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION Respondent
JUDGE: BROMBERG J DATE OF ORDER: 1 MARCH 2018
THE COURT ORDERS THAT:
1. The applicant's application for an extension of time dated 27 October 2017 be granted. 2. The costs of that application be reserved. 3. Time be extended to 5 March 2018 for the filing of a Notice of Appeal in the form of the document headed 'Amended Notice of Appeal from the Federal Circuit Court of Australia'. 4. On or before 19 March 2018, the first respondent prepare, file and serve an appeal book. 5. On or before 27 April 2018, the applicant file and serve his outline of submissions. 6. On or before 11 May 2018, the first respondent file and serve his outline of submissions. 7. On or before the day seven days prior to the hearing of the appeal the parties file and serve their lists of authorities. 8. The appeal be listed for hearing on an estimate of half a day on a date to be fixed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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